Properly Serving a Minnesota Eviction Summons and Complaint

How Does a Landlord Serve a Tenant in a Minnesota Eviction?

While Minnesota evictions can be complex matters, one of the most common pitfalls for landlords seeking to evict tenants is properly serving court documents. Minnesota law requires court filings to be served to the tenant in a very specific manner, and failing to complete such service will result in the case being dismissed.

Minnesota Statutes 504B.331 details how such service must be accomplished, and how the landlord must give the Eviction Summons and Eviction Complaint to the tenant. First, the landlord must wait for a court issued Summons, and then must serve that document, along with the eviction Complaint on the tenant.

The landlord must begin by attempting to personally serve the tenant, although the landlord themselves may not do the service. A third party must be enlisted to do this, and must attempt at least twice to personally serve the documents by handing them to the tenant. The Summons and Complaint must be served not less than seven days before the hearing, and no greater than 14 days before the hearing. This gives landlords a narrow window of time in which to make sure that the tenant receives the documents.

If the tenants cannot be located during either attempt, the landlord must serve the tenant by mail and by posting. Although the statute does not appear to specify an order with which posting/mailing must be done, some courts and many tenant attorneys take the position that the Summons and Complaint must first be mailed, and then the documents can be served by posting.

Service by mail is exactly what it sounds like - namely that the documents must be mailed to the tenants at the property. Service by posting is also rather straightforward, as the summons must be posted conspicuously at the property at least a week before the hearing.

While keeping track of these service requirements can be complicated, landlords are required to take an additional step once service is complete. The landlord must file affidavits of service with the court detailing the service that was made, and who carried out the service. These must be filed promptly with the court, and failure to file these documents will also result in the eviction being dismissed.

Improperly serving the Eviction Summons and Complaint can result in expensive and troublesome setbacks for landlords. Failing to follow the strict Minnesota laws surrounding process service requirements can result in a landlord being required to refile an eviction, pay twice for filing fees, or even be subject to being forced to pay for the tenant’s fees. It is best to do it right the first time, and make sure that all of the legal requirements for proceeding with an eviction are met.

If you are a Minnesota landlord who is seeking assistance with an eviction matter, contact the landlord attorneys at RAM Law PLLC now to set up a free consultation.